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Construction Engeneering Sub-Contract Legal System Research

Author: LiYongChao
Tutor: WangYuMei
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Construction engineering Subcontracting Legal system
CLC: D922.297;F284
Type: Master's thesis
Year: 2010
Downloads: 126
Quote: 0
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Abstract


As an advanced way of organizing production,sub-contract has been arising with the development of socialized large scale production.Its theoretical foundation is based on the theory of comparative advantage which means every market entity has itsown competitive advantage.All of the market entities make use of these advantage to lower the cost through cooperation division. Based on historical analysis and comparative analysis,this article has introduced its concept、legal essence as well as types.And also,the writer has analysised and researched some legal issues which are often met with about sub-contract in practice.Compared with developed countries and Hongkong Cina,many suggestions to get sub-contract legal system of China become more perfect have been offered in the text. The legal concept of sub-contract may be described as an act that general contractor tansfers partial performance of obligations into the sub-contractor. The legal essence is a kind of debt transfer which means a contract relationship emergs between general contractor and sub-contractor.In the other word, its static concept is a legal contract relationship.According to the defference of contract object,sub-contract may be classified as labor sub-contract、construction su-bcontract and so on. According to international practice,sub-contract should be allowed by the proprietor and multi-level contracting is prohibited. Sub-contract is restricted much more seversly in China.For instance, dominating obligations under the engineering contract can not be transfered. We should establish and perfect the circumstances change system. Claim period under construction engineering contract belongs to special period that rights exist. We should refer to the contract to finish engineering settlement if it is identified as invalid. Judicial expertise aiming to get the project cost objectively is inevitable. Chinese sub-contract legal system is not perfect yet,and there are kinds of problems.So we should establish comprehensive system so as to improve the development of sub-contract market,and also,we must promot dispute resolution sestem which is widely used to solve construction engeneering contract disputes.At last,we should strengthen supervision and administration on the construction engineering sub-contract system as well.

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